United States v. Danyell Roberts ( 2019 )

Case: 18-11493 Document: 00515204520 Page: 1 Date Filed: 11/19/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 18-11493
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
November 19, 2019
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
DANYELL MICHELLE ROBERTS,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:17-CR-129-1
Before ELROD, COSTA, and ENGELHARDT, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Danyell Michelle
Roberts has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632
F.3d 229 (5th Cir. 2011). Roberts has filed a response, which contains a motion
for appointment of new counsel. The record is not sufficiently developed to
allow us to make a fair evaluation of Roberts’s claim of ineffective assistance
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 18-11493 Document: 00515204520 Page: 2 Date Filed: 11/19/2019
No. 18-11493
of counsel; we therefore decline to consider the claim without prejudice to
collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Roberts’s response. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.
Accordingly, Roberts’s motion for the appointment of new counsel is DENIED,
counsel’s motion for leave to withdraw is GRANTED, counsel is excused from
further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR.
R. 42.2.
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